Title 5. Limitations, Prohibited Actions, and Immunities — Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
Statutes in effect as of October 1, 2026.
Md. Code Ann., Cts. & Jud. Proc. § 5-601 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–601LinkCopy Citation
(a)
In this section, “the Maryland Institute for Emergency Medical Services Systems” means the agency described in § 13–503 of the Education Article.
(b)
No action may be brought against a person, firm, or corporation who furnishes confidential records, reports, statements, notes, or other information to one of the following agencies or their authorized agents, for purposes of research and study:
(1)
The Medical and Chirurgical Faculty or its allied committees;
(2)
An “in–hospital” staff committee;
(3)
A nationally organized medical society or research group;
(4)
The Maryland Department of Health; or
(5)
The Maryland Institute for Emergency Medical Services Systems.
Md. Code Ann., Cts. & Jud. Proc. § 5-602 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–602LinkCopy Citation
(a)
In this section, “emergency management and civil defense” and “emergency” have the meanings stated in the State Emergency Management and Civil Defense Act.
(b)
No action for damages may be brought against a person, firm, or corporation who allows premises which he owns, controls, or occupies to be used, free of charge, for one of the following purposes:
(1)
Sheltering persons during an attack or raid by an enemy;
(2)
Stocking of food, water, medical supplies, equipment, or other materials to be used in the event of an attack upon the United States; or
(3)
Sheltering persons during an emergency.
(c)
This section applies only to injuries to person or property incurred on or adjacent to the premises:
(1)
During an actual or practice attack or raid;
(2)
While supplies and materials are being moved or stored;
(3)
During an emergency; or
(4)
During inspections or visits connected with emergency management and civil defense.
Md. Code Ann., Cts. & Jud. Proc. § 5-603 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–603LinkCopy Citation
(a)
A person described in subsection (b) of this section is not civilly liable for any act or omission in giving any assistance or medical care, if:
(1)
The act or omission is not one of gross negligence;
(2)
The assistance or medical care is provided without fee or other compensation; and
(3)
The assistance or medical care is provided:
(i)
At the scene of an emergency;
(ii)
In transit to a medical facility; or
(iii)
Through communications with personnel providing emergency assistance.
(b)
Subsection (a) of this section applies to the following:
(1)
An individual who is licensed by this State to provide medical care;
(2)
A member of any State, county, municipal, or volunteer fire department, ambulance and rescue squad, or law enforcement agency, the National Ski Patrol System, or a corporate fire department responding to a call outside of its corporate premises, if the member:
(i)
Has completed an American Red Cross course in advanced first aid and has a current card showing that status;
(ii)
Has completed an equivalent of an American Red Cross course in advanced first aid, as determined by the Secretary of Health;
(iii)
Is certified or licensed by this State as an emergency medical services provider; or
(iv)
Is administering medications or treatment approved for use in response to an apparent drug overdose and the member is:
(1)
Licensed or certified as an emergency medical services provider by the State Emergency Medical Services Board and authorized to administer the medications and treatment under protocols established by the State Emergency Medical Services Board;
(2)
Certified to administer the medications and treatment under protocols established by the Secretary of Health; or
(3)
Certified to administer the medications and treatment under protocols established by the Maryland State Police Medical Director;
(3)
A volunteer fire department or ambulance and rescue squad whose members have immunity; and
(4)
A corporation when its fire department personnel are immune under item (2) of this subsection.
(c)
(1)
An individual who is not covered otherwise by this section is not civilly liable for any act or omission in providing assistance or medical aid to a victim at the scene of an emergency, if:
(i)
The assistance or aid is provided in a reasonably prudent manner;
(ii)
The assistance or aid is provided without fee or other compensation; and
(iii)
The individual relinquishes care of the victim when someone who is licensed or certified by this State to provide medical care or services becomes available to take responsibility.
(2)
The immunity from civil liability under paragraph (1) of this subsection applies to an individual when administering naloxone in response to a known or suspected drug overdose.
Md. Code Ann., Cts. & Jud. Proc. § 5-604 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–604LinkCopy Citation
(a)
Notwithstanding any other provision of law, except for any willful or grossly negligent act, a fire company or rescue company, and the personnel of a fire company or rescue company, are immune from civil liability for any act or omission in the course of performing their duties.
(b)
(1)
The immunity granted by this section is waived with respect to actions to recover damages for the negligent operation of a motor vehicle to the following extent:
(i)
For a self-insured fire company or rescue company, liability shall extend up to the minimum insurance limits imposed by § 17-103 of the Transportation Article; and
(ii)
For a fire company or rescue company insured by an insurer authorized to issue insurance policies in this State, liability shall extend up to the maximum limit of any basic vehicle liability insurance policy it has in effect, exclusive of excess liability coverage.
(2)
The immunity granted by this section is not waived and may be raised as a defense as to any amount of damages claimed above the limits in this subsection and as to any other action for damages not involving the negligent operation of a motor vehicle.
Md. Code Ann., Cts. & Jud. Proc. § 5-605 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–605LinkCopy Citation
(a)
A law enforcement officer acting outside the officer’s jurisdiction but in the State, is not civilly liable, except to the extent that he would be if acting in his own jurisdiction, for any act or omission in preventing or attempting to prevent a crime, or in effectuating an arrest, in order to protect life or property if:
(1)
The action is not grossly negligent; and
(2)
The action is taken at the scene of the crime or attempted crime.
(b)
A law enforcement officer sued for acting under subsection (a) of this section shall be defended in any civil action by the law enforcement officer’s employer as if the incident had occurred in the officer’s jurisdiction.
(c)
A law enforcement officer who is injured in taking action under subsection (a) of this section is entitled to workers’ compensation, disability, death benefits, life insurance and all other benefits to the same extent as if the injury had been sustained in the officer’s jurisdiction.
Md. Code Ann., Cts. & Jud. Proc. § 5-606 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–606LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Charitable organization” means:
(i)
An organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, except licensed hospitals; or
(ii)
A medical society that is exempt from taxation under § 501(c)(6) of the Internal Revenue Code.
(3)
“Compensation” does not include actual and necessary expenses that are incurred by a volunteer or physician in connection with the services provided or the duties performed by the volunteer or physician on behalf of a charitable organization, and that are reimbursed to the volunteer or physician or otherwise paid.
(4)
“Health care provider” has the meaning stated in § 3-2A-01 of this article.
(5)
“Physician” means any physician licensed to practice medicine in the State.
(6)
“Suit” means any civil action, including any health care malpractice action filed with the Health Care Alternative Dispute Resolution Office, brought against a volunteer or physician or a charitable organization by virtue of the volunteer’s or physician’s act or omission in providing services or performing duties on behalf of the charitable organization.
(7)
“Volunteer” means an officer, director, trustee, or other person who provides services or performs duties on behalf of a charitable organization without receiving compensation.
(b)
(1)
A volunteer who is a health care provider or physician who renders health care services voluntarily and without compensation to any person seeking health care at or through a charitable organization is not liable, for any amount in excess of any applicable limit of insurance coverage, in any suit for civil damages for any act or omission resulting from the rendering of such services unless the act or omission constitutes:
(i)
Willful or wanton misconduct;
(ii)
Gross negligence; or
(iii)
Intentionally tortious conduct.
(2)
A volunteer who is a health care provider or physician who renders health care services voluntarily and without compensation to any person seeking health care through a charitable organization chartered to provide health care services to homeless or indigent individuals is not liable, for any amount in excess of any applicable limit of insurance coverage, in any suit for civil damages for any act or omission resulting from the rendering of such services unless the act or omission constitutes:
(i)
Willful or wanton misconduct;
(ii)
Gross negligence; or
(iii)
Intentionally tortious conduct.
(c)
(1)
This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a physician or volunteer who is a health care provider.
(2)
This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law, to which a volunteer who is a health care provider or physician may be entitled.
Md. Code Ann., Cts. & Jud. Proc. § 5-607 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–607LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Compensation” does not include:
(i)
Actual and necessary expenses that are incurred by a physician or volunteer in connection with the services provided or duties performed by the physician or volunteer for a sports program, and that are reimbursed to the physician or otherwise paid; or
(ii)
The listing without cost to the physician of the physician’s name or without cost to the volunteer of the volunteer’s name in a school or event publication.
(3)
“Physician” means any physician, including a doctor of osteopathy, who is licensed to practice medicine in the State.
(4)
“Sports program” means a program or portion of a program of an institution of higher education or of a public or nonpublic school that is organized for intramural or interschool recreational purposes with activities that include basketball, baseball, football, soccer, track, or any other competitive sports.
(5)
“Volunteer” means an officer, director, trustee, or other person who provides services or performs duties on behalf of a sports program without receiving compensation.
(b)
A physician who voluntarily and without compensation provides services or performs duties as a physician for a sports program, whether or not the services are provided or the duties are performed at the request of the school’s or institution’s administration or a county board of education, is not liable for any damages for any act or omission resulting from the providing of the services or the performing of the duties unless the act or omission constitutes:
(1)
Willful or wanton misconduct;
(2)
Gross negligence; or
(3)
Intentionally tortious conduct.
(c)
This section shall apply only to:
(1)
Treatment at the site of the sports program;
(2)
Treatment at any practice or training for the sports program; and
(3)
Treatment administered during transportation to or from the sports program, practice, or training.
(d)
(1)
This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a physician or volunteer.
(2)
This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law to which a volunteer or physician may be entitled.
Md. Code Ann., Cts. & Jud. Proc. § 5-608 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–608LinkCopy Citation
An individual is not civilly liable for any act or omission while providing support to the emergency medical system by giving care, equipment, facilities, or consultation, if:
(1)
The individual is a member or employee of any federal, State, county, or city government, hospital, emergency medical service council, or agency that operates as a nonprofit group;
(2)
The act or omission is not one of gross negligence; and
(3)
The service is provided without fee to the emergency victim.
Md. Code Ann., Cts. & Jud. Proc. § 5-609 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–609LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Administrator” means an administrator of a facility as defined in § 10–101 of the Health – General Article.
(3)
“Mental health care provider” means:
(i)
A mental health care provider licensed under the Health Occupations Article; and
(ii)
Any facility, corporation, partnership, association, or other entity that provides treatment or services to individuals who have mental disorders.
(b)
A cause of action or disciplinary action may not arise against any mental health care provider or administrator for failing to predict, warn of, or take precautions to provide protection from a patient’s violent behavior unless the mental health care provider or administrator knew of the patient’s propensity for violence and the patient indicated to the mental health care provider or administrator, by speech, conduct, or writing, of the patient’s intention to inflict imminent physical injury upon a specified victim or group of victims.
(c)
(1)
The duty to take the actions under paragraph (2) of this subsection arises only under the limited circumstances described under subsection (b) of this section.
(2)
The duty described under this section is deemed to have been discharged if the mental health care provider or administrator makes reasonable and timely efforts to:
(i)
Seek civil commitment of the patient;
(ii)
Formulate a diagnostic impression and establish and undertake a documented treatment plan calculated to eliminate the possibility that the patient will carry out the threat; or
(iii)
Inform the appropriate law enforcement agency and, if feasible, the specified victim or victims of:
(1)
The nature of the threat;
(2)
The identity of the patient making the threat; and
(3)
The identity of the specified victim or victims.
(d)
No cause of action or disciplinary action may arise under any patient confidentiality act against a mental health care provider or administrator for confidences disclosed or not disclosed in good faith to third parties in an effort to discharge a duty arising under this section according to the provisions of subsection (c) of this section.
Md. Code Ann., Cts. & Jud. Proc. § 5-610 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–610LinkCopy Citation
A law enforcement officer who responds to a request under § 4-502 of the Family Law Article for assistance by an individual who alleges to have been a victim of spousal assault shall be immune from civil liability in complying with the request if the law enforcement officer acts in good faith and in a reasonable manner.
Md. Code Ann., Cts. & Jud. Proc. § 5-610.1 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–610.1LinkCopy Citation
A law enforcement officer enforcing an out-of-state order for protection from domestic violence in accordance with § 4-508.1 of the Family Law Article shall be immune from civil liability if the law enforcement officer acts in good faith and in a reasonable manner.
Md. Code Ann., Cts. & Jud. Proc. § 5-611 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–611LinkCopy Citation
A federal law enforcement officer who exercises the powers set forth under § 2-104 of the Criminal Procedure Article has the same legal status and immunity from suit as a State Police officer.
Md. Code Ann., Cts. & Jud. Proc. § 5-612 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–612LinkCopy Citation
The police officers and other officers, agents, and employees of any county or municipal corporation, when acting under the authority of § 2-105 of the Criminal Procedure Article or other lawful authority, beyond the territorial limits of the county or municipal corporation within the State shall have all the immunities from liability enjoyed by them while performing their respective duties within the territorial limits of the county or municipal corporation.
Md. Code Ann., Cts. & Jud. Proc. § 5-613 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–613LinkCopy Citation
Unless a subdivision or municipality requests the appointment of an individual as a special policeman and the request is granted as provided in Title 3, Subtitle 3 of the Public Safety Article, the State and any subdivision or municipality of the State may not be liable or accountable in any way for any act or omission by an individual appointed as a special policeman under Title 3, Subtitle 3 of the Public Safety Article.
Md. Code Ann., Cts. & Jud. Proc. § 5-614 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–614LinkCopy Citation
(a)
This section applies to:
(1)
An individual licensed by the State to provide veterinary care, a student of veterinary medicine who works under the responsible direct supervision of a veterinary practitioner as defined by § 2–301(c) of the Agriculture Article, or a veterinary technician registered by the State under § 2–309 of the Agriculture Article;
(2)
An individual who is licensed by this State to provide medical care;
(3)
A member of any State, county, municipal, or volunteer fire department, ambulance and rescue squad, or law enforcement agency, or a corporate fire department;
(4)
A volunteer fire department or ambulance and rescue squad whose members have immunity;
(5)
A corporation when its fire department personnel are immune under item (3) of this subsection; and
(6)
An individual employed or designated by a local government as an animal control officer while responding in the individual’s official capacity to a call in the community.
(b)
A person is not civilly liable for any act or omission in giving any veterinary aid, care, or assistance to an animal where the owner or custodian of the animal is not available to grant permission if:
(1)
The act or omission is not one of gross negligence;
(2)
The veterinary aid, care, or assistance is provided without fee or other compensation from the owner or custodian of the animal; and
(3)
The veterinary aid, care, or assistance is provided:
(i)
At the scene of an emergency;
(ii)
In transit to a veterinary facility; or
(iii)
Through communications with licensed veterinary personnel providing emergency veterinary assistance.
Md. Code Ann., Cts. & Jud. Proc. § 5-615 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–615LinkCopy Citation
In the absence of an affirmative showing of malice or bad faith, each arbitrator or individual conducting alternative dispute resolution in a health care malpractice claim or action under Title 3, Subtitle 2A of this article from the time of acceptance of appointment has immunity from suit for any act or decision made during tenure and within the scope of designated authority.
Md. Code Ann., Cts. & Jud. Proc. § 5-617 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–617LinkCopy Citation
(a)
In this section, “discharge” includes leakage, seepage, or other release of a hazardous substance or material.
(b)
Except as provided in subsections (c) and (d) of this section, a person who is called on for assistance in an emergency is not subject to any civil liability or penalty as a result of assistance or advice rendered in:
(1)
Mitigating the effects of an actual or threatened discharge of a hazardous substance or material;
(2)
Preventing a discharge of a hazardous substance or material;
(3)
Cleaning up a discharge of a hazardous substance or material; or
(4)
Attempting any of the acts in this subsection.
(c)
The immunity provided in subsection (b) of this section does not apply to a person:
(1)
Whose act or omission was the original cause of an actual or threatened discharge in whole or in part, and who would otherwise be liable for the act or omission; or
(2)
Who received compensation other than reimbursement for out-of-pocket expenses for rendering the assistance or advice.
(d)
Notwithstanding subsection (b) of this section, a person is liable for damages caused by that person’s gross negligence or reckless, wanton, or intentional misconduct.
Md. Code Ann., Cts. & Jud. Proc. § 5-618 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–618LinkCopy Citation
(a)
Any person who files a petition, participates in the making of a good faith report, or participates in an investigation or in a judicial proceeding resulting from the filing of a petition or the making of a good faith report, under § 13-705 or § 13-709 of the Estates and Trusts Article or Title 14, Subtitle 3 of the Family Law Article, shall in so doing be immune from any civil liability or criminal penalty that might otherwise be incurred or imposed as a result thereof.
(b)
A law enforcement officer is not civilly or criminally liable for transporting an adult to an appropriate medical facility under § 13-709 of the Estates and Trusts Article if the officer acts:
(1)
In a reasonably prudent manner; and
(2)
Within the scope of the officer’s employment.
Md. Code Ann., Cts. & Jud. Proc. § 5-619 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–619LinkCopy Citation
(a)
The following persons or agencies shall be immune from civil or criminal liability in connection with the conducting of a criminal background investigation under Title 5, Subtitle 5, Part VI of the Family Law Article or a criminal history records check under Title 19, Subtitle 18 of the Health – General Article:
(1)
An employer that in good faith relies on a criminal background investigation or criminal history records check to deny or terminate an individual’s employment or participation in a facility;
(2)
A State or local agency that in good faith relies on a criminal background investigation or criminal history records check of an employer to grant, deny, suspend, or revoke licensure, registration, approval, or certification of a facility;
(3)
A local department of social services that in good faith relies on a criminal background investigation to make a decision concerning the placement of a child committed to it, including a decision to remove a child from a particular facility or home; and
(4)
A State or local agency that in good faith participates in the making of a criminal background investigation or criminal history records check of an employee or employer.
(b)
The failure of an employer to require a criminal background investigation of an individual when not required under Title 5, Subtitle 5, Part VI of the Family Law Article or a criminal history records check when not required under Title 19, Subtitle 18 of the Health – General Article may not give rise to civil or criminal liability on the part of the employer for failure to conduct a criminal background investigation.
Md. Code Ann., Cts. & Jud. Proc. § 5-620 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–620LinkCopy Citation
Any person who in good faith makes or participates in making a report of abuse or neglect under § 5-704, § 5-705, or § 5-705.1 of the Family Law Article or participates in an investigation or a resulting judicial proceeding is immune from any civil liability or criminal penalty that would otherwise result from making or participating in a report of abuse or neglect or participating in an investigation or a resulting judicial proceeding.
Md. Code Ann., Cts. & Jud. Proc. § 5-621 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–621LinkCopy Citation
(a)
A physician who examines or treats a child under § 5-712 of the Family Law Article is immune from any civil liability that may result from the failure to obtain consent from the child’s parent, guardian, or custodian for the examination or treatment of the child.
(b)
The immunity described under subsection (a) of this section extends to:
(1)
Any health care institution with which the physician is affiliated or to which the child is brought; and
(2)
Any individual working under the control or supervision of the physician or under the control or supervision of the health care institution.
Md. Code Ann., Cts. & Jud. Proc. § 5-622 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–622LinkCopy Citation
Any person who in good faith makes or participates in making a report under Title 14, Subtitle 3 of the Family Law Article or participates in an investigation or a judicial proceeding resulting from a report under Title 14, Subtitle 3 of the Family Law Article is immune from any civil liability that would otherwise result.
Md. Code Ann., Cts. & Jud. Proc. § 5-623 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–623LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Admission” has the meaning stated in § 10-101 of the Health - General Article.
(3)
“Facility” has the meaning stated in § 10-101 of the Health - General Article.
(b)
A person who in good faith and with reasonable grounds applies for involuntary admission of an individual is not civilly or criminally liable for making the application under Title 10, Subtitle 6, Part III of the Health - General Article.
(c)
A facility or veterans’ administration hospital that, in good faith and with reasonable grounds, acts in compliance with the provisions of Title 10, Subtitle 6, Part III of the Health - General Article is not civilly or criminally liable for that action.
(d)
An agent or employee of a facility or veterans’ administration hospital who, in good faith and with reasonable grounds, acts in compliance with the provisions of Title 10, Subtitle 6, Part III of the Health - General Article is not civilly or criminally liable for that action.
Md. Code Ann., Cts. & Jud. Proc. § 5-624 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–624LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Emergency evaluee” has the meaning stated in § 10-620 of the Health - General Article.
(3)
“Emergency facility” has the meaning stated in § 10-620 of the Health - General Article.
(4)
“Peace officer” has the meaning stated in § 10-620 of the Health - General Article.
(b)
Any petitioner who, in good faith and with reasonable grounds, submits or completes a petition under Title 10, Subtitle 6, Part IV of the Health - General Article is not civilly or criminally liable for submitting or completing the petition.
(c)
Any peace officer who, in good faith and with reasonable grounds, acts as a custodian of an emergency evaluee is not civilly or criminally liable for acting as a custodian.
(d)
An emergency facility that, in good faith and with reasonable grounds, acts in compliance with the provisions of Title 10, Subtitle 6, Part IV of the Health - General Article is not civilly or criminally liable for that action.
(e)
An agent or employee of an emergency facility who, in good faith and with reasonable grounds, acts in compliance with the provisions of Title 10, Subtitle 6, Part IV of the Health - General Article is not civilly or criminally liable for that action.
Md. Code Ann., Cts. & Jud. Proc. § 5-625 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–625LinkCopy Citation
(a)
A person who acts in good faith is not civilly liable for:
(1)
Making a report under § 7-1005 of the Health - General Article;
(2)
Participating in an investigation arising out of a report under § 7-1005 of the Health - General Article; or
(3)
Participating in a judicial proceeding arising out of a report under § 7-1005 of the Health - General Article.
(b)
This section does not grant any immunity for an abuser who makes a report or participates in the investigation or proceeding.
Md. Code Ann., Cts. & Jud. Proc. § 5-626 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–626LinkCopy Citation
(a)
A person who acts in good faith is not civilly liable for:
(1)
Making a report under § 10-705 of the Health - General Article;
(2)
Participating in an investigation arising out of a report under § 10-705 of the Health - General Article; or
(3)
Participating in a judicial proceeding arising out of a report under § 10-705 of the Health - General Article.
(b)
This section does not grant any immunity for an abuser who makes a report or participates in the investigation or proceeding.
Md. Code Ann., Cts. & Jud. Proc. § 5-627 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–627LinkCopy Citation
A member of a clinical review panel under § 10-708 of the Health - General Article who acts in good faith and within the panel’s duties is immune from civil liability as a result of those acts.
Md. Code Ann., Cts. & Jud. Proc. § 5-628 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–628LinkCopy Citation
(a)
A member of an appointed committee of any professional organization whose members provide health care under the Maryland Medical Assistance Program or an appointed member of a committee of a medical staff of a licensed hospital who acts without malice is not civilly liable for any functions that the member undertakes or performs in the system of review under § 15-106 of the Health - General Article.
(b)
This section does not affect the immunity of an officer or employee of a State agency.
Md. Code Ann., Cts. & Jud. Proc. § 5-629 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–629LinkCopy Citation
(a)
In this section, “Secretary” means the Secretary of Health.
(b)
Except as provided in subsection (d) of this section, a person lawfully administering a drug or vaccine is not liable for any adverse effect that arises from the use of the drug or vaccine if the drug or vaccine:
(1)
Is administered to immunize an individual against a disease; or
(2)
Is approved by the United States Food and Drug Administration for the purpose for which the drug or vaccine is administered.
(c)
Except as provided in subsection (d) of this section, if the Secretary or a designee of the Secretary finds that a proposed immunization project would conform to good medical and public health practice and gives written approval for the project to be administered in the State, a physician, nurse, or other person participating in the project is not liable for any adverse effect that arises from the use of a drug or vaccine in the project.
(d)
This section does not exempt:
(1)
A person from liability for gross negligence;
(2)
A drug manufacturer from the duty to use ordinary care in preparing and handling a drug or vaccine; or
(3)
A person from liability that arises out of the improper or illegal administration of a drug or vaccine.
Md. Code Ann., Cts. & Jud. Proc. § 5-630 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–630LinkCopy Citation
A legally authorized person who obtains, processes, stores, distributes, or uses whole human blood, tissue, organs, or bones or any substance derived from human blood, tissue, organs, or bones for injection, transfusion, or transplantation into an individual for any purpose is performing a service and is not subjected to:
(1)
Strict liability in tort;
(2)
The implied warranty of merchantability; or
(3)
The implied warranty of fitness.
Md. Code Ann., Cts. & Jud. Proc. § 5-631 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–631LinkCopy Citation
(a)
A person who acts in good faith is not civilly liable for:
(1)
Making a report under § 19-347 of the Health - General Article;
(2)
Participating in an investigation arising out of a report under § 19-347 of the Health - General Article;
(3)
Participating in a judicial proceeding arising out of a report under § 19-347 of the Health - General Article; or
(4)
Participating in transferring, suspending, or terminating the employment of any individual who is believed to have abused or aided in abusing a resident under § 19-347 of the Health - General Article.
(b)
This section does not grant any immunity for an abuser who makes a report or participates in the investigation or proceeding.
Md. Code Ann., Cts. & Jud. Proc. § 5-632 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–632LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Hospital” has the meaning stated in § 19-301 of the Health - General Article.
(3)
“Related institution” has the meaning stated in § 19-301 of the Health - General Article.
(b)
Except as provided in subsection (c) of this section, a hospital or related institution is not immune from liability for negligence or any other tort on the grounds that the hospital or related institution is a charitable institution.
(c)
A hospital or related institution that is a charitable institution and is insured against this liability in an amount of not less than $100,000 is not liable for damages in excess of the limits of that insurance.
Md. Code Ann., Cts. & Jud. Proc. § 5-633 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–633LinkCopy Citation
(a)
For purposes of this section, an “immediate threat” exists if any meat, seafood, poultry, vegetable, fruit, or any other perishable substance that is intended for consumption as food:
(1)
Contains any filthy, decomposed, or putrid substance;
(2)
Is poisonous or otherwise would be injurious to health if consumed; or
(3)
Is otherwise unsafe.
(b)
(1)
The Secretary of Health shall be liable under § 21–254 of the Health – General Article only if the owner can prove by a preponderance of evidence that, at the time of the action taken against the substance, the substance did not pose an immediate threat.
(2)
Any liability under § 21–254 of the Health – General Article shall be limited to the market value of the substance as of the time the action was taken against the substance.
(c)
The right of action created by § 21–254 of the Health – General Article lies only against the Secretary of Health in the Secretary’s official capacity, and the Secretary shall have no personal liability for the payment of any judgment that is entered in any action brought under § 21–254 of the Health – General Article.
(d)
Under § 21–254 of the Health – General Article, the State waives its sovereign immunity to the extent of the right of action that is expressly created, but in no further or other respect.
Md. Code Ann., Cts. & Jud. Proc. § 5-634 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–634LinkCopy Citation
(a)
In this section, “person” has the meaning stated in § 21-322 of the Health - General Article.
(b)
The limitation on liability provided for in subsection (c) of this section does not apply to any person who:
(1)
Donates food to a nonprofit corporation, organization, or association that sells or offers for sale any donated food;
(2)
Prepares donated food for use or distribution by a nonprofit corporation, organization, or association that sells or offers for sale any donated food; or
(3)
Serves donated food distributed by a nonprofit corporation, organization, or association that sells or offers for sale any donated food.
(c)
Unless the act or omission amounts to gross negligence or willful and wanton misconduct, a person is not civilly liable for any act or omission that affects the nature, age, condition, or packaging of the donated food if the person in good faith:
(1)
Donates food for use or distribution by a nonprofit corporation, organization, or association;
(2)
Prepares donated food for use or distribution by a nonprofit corporation, organization, or association;
(3)
Serves donated food distributed by a nonprofit corporation, organization, or association; or
(4)
Dispenses donated food distributed by a nonprofit corporation, organization, or association.
Md. Code Ann., Cts. & Jud. Proc. § 5-634.1 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–634.1LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Person” includes the State, any county, municipal corporation or other political subdivision of the State, or any of their units, or an individual, a receiver, a trustee, a guardian, an executor, an administrator, a fiduciary, or a representative of any kind, or any partnership, firm, association, public or private corporation, or other entity.
(3)
(i)
“Pet item” means any apparently fit tangible pet supply that meets all quality and labeling standards imposed by federal, State, and local laws and regulations even if the item may not be readily marketable due to appearance, age, freshness, grade, surplus, or other condition.
(ii)
“Pet item” includes apparently fit commercial feed as defined in § 6–101 of the Agriculture Article.
(b)
Unless the act or omission amounts to gross negligence or willful and wanton misconduct, a person is not civilly liable for any act or omission that affects the nature, age, condition, or packaging of a donated pet item if the person in good faith:
(1)
Donated the pet item for use or distribution by a nonprofit corporation, organization, or association or a unit of State or local government; or
(2)
Dispensed the donated pet item on behalf of a nonprofit corporation, organization, or association or a unit of State or local government.
Md. Code Ann., Cts. & Jud. Proc. § 5-635 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–635LinkCopy Citation
(a)
In this section, “customer” means an individual who is lawfully on the premises of a retail establishment.
(b)
A retail establishment and any employee of a retail establishment are not civilly liable for any act or omission in allowing a customer, including a customer who has an eligible medical condition, as defined in § 24–209 of the Health – General Article, to use a toilet facility that is not a public toilet facility, if the act or omission:
(1)
Is not willful or grossly negligent;
(2)
Occurs in an area of the retail establishment that is not accessible to the public; and
(3)
Results in an injury to or death of the customer or any individual other than an employee accompanying the customer.
(c)
Notwithstanding any provision of this section, an employee toilet facility is not to be considered a public restroom.
Md. Code Ann., Cts. & Jud. Proc. § 5-636 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–636LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Chiropractor” has the meaning stated in § 3-101 of the Health Occupations Article.
(3)
“License” has the meaning stated in § 3-101 of the Health Occupations Article.
(4)
“Licensed chiropractor” has the meaning stated in § 3-101 of the Health Occupations Article.
(b)
A licensed chiropractor is not civilly liable for reviewing the fees or charges for services of another licensed chiropractor in this or any other state if:
(1)
The records are received by the chiropractor from an insurance company solely for the purpose of evaluating whether excessive treatment or service was furnished; and
(2)
The chiropractor acts:
(i)
In good faith; and
(ii)
Within the scope of the chiropractor’s license.
Md. Code Ann., Cts. & Jud. Proc. § 5-637 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–637LinkCopy Citation
(a)
In this section, “medical review committee” has the meaning stated in § 1-401 of the Health Occupations Article.
(b)
A person who acts in good faith and within the scope of the jurisdiction of a medical review committee is not civilly liable for any action as a member of the medical review committee or for giving information to, participating in, or contributing to the function of the medical review committee.
Md. Code Ann., Cts. & Jud. Proc. § 5-637.1 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–637.1LinkCopy Citation
(a)
In this section, “local domestic violence fatality review team” is a team established in accordance with Title 4, Subtitle 7 of the Family Law Article.
(b)
A person who acts in good faith and within the scope of the jurisdiction of a local domestic violence fatality review team is not civilly liable for any action as a member of the local domestic violence fatality review team or for giving information to, participating in, or contributing to the function of the local domestic violence fatality review team.
Md. Code Ann., Cts. & Jud. Proc. § 5-637.2 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–637.2LinkCopy Citation
(a)
In this section, “local team” means a multidisciplinary and multiagency drug overdose fatality review team established under Title 5, Subtitle 9 of the Health – General Article.
(b)
A person who acts in good faith and within the scope of the jurisdiction of a local team is not civilly liable for any action as a member of the local team or for giving information to, participating in, or contributing to the function of the local team.
Md. Code Ann., Cts. & Jud. Proc. § 5-638 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–638LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Alternative health care system” has the meaning stated in § 1-401 of the Health Occupations Article.
(3)
“Hospital” has the meaning stated in § 19-301 of the Health - General Article.
(4)
“Physician” has the meaning stated in § 14-101 of the Health Occupations Article.
(5)
“Related institution” has the meaning stated in § 14-101 of the Health Occupations Article.
(b)
A person described in § 14-502(b) of the Health Occupations Article is not civilly liable for giving information to any hospital, hospital medical staff, related institution, or health care facility, alternative health system, professional society, medical school, or professional licensing board, if the person:
(1)
Gives the information in good faith and with the intention of aiding in the evaluation of the qualifications, fitness, or character of a physician; and
(2)
Does not represent as true any matter that the person does not reasonably believe to be true.
Md. Code Ann., Cts. & Jud. Proc. § 5-639 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–639LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Emergency service” has the meaning stated in § 19-103 of the Transportation Article.
(3)
“Emergency vehicle” has the meaning stated in § 11-118 of the Transportation Article.
(b)
(1)
An operator of an emergency vehicle, who is authorized to operate the emergency vehicle by its owner or lessee, is immune from suit in the operator’s individual capacity for damages resulting from a negligent act or omission while operating the emergency vehicle in the performance of emergency service.
(2)
This subsection does not provide immunity from suit to an operator for a malicious act or omission or for gross negligence of the operator.
(c)
(1)
An owner or lessee of an emergency vehicle, including a political subdivision, is liable to the extent provided in subsection (d) of this section for any damages caused by a negligent act or omission of an authorized operator while operating the emergency vehicle in the performance of emergency service.
(2)
This subsection does not subject an owner or lessee to liability for the operator’s malicious act or omission or for the operator’s gross negligence.
(3)
A political subdivision may not raise the defense of governmental immunity in an action against it under this section.
(d)
Liability under this section for self-insured jurisdictions is limited to the amount of the minimum benefits that a vehicle liability insurance policy must provide under § 17-103 of the Transportation Article, except that an owner or lessee may be liable in an amount up to the maximum limit of any basic vehicle liability insurance policy it has in effect exclusive of excess liability coverage.
(e)
A judgment under this section against the owner or lessee of an emergency vehicle constitutes a complete bar to any action or judgment deriving from the same occurrence against the operator of the emergency vehicle.
Md. Code Ann., Cts. & Jud. Proc. § 5-640 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–640LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Child passenger safety technician” means an individual who holds a current certification as a child passenger safety technician or technician instructor by the National Highway Traffic Safety Administration of the United States Department of Transportation, the American Automobile Association, or other entity designated by the National Highway Traffic Safety Administration.
(3)
“Child safety seat” has the meaning stated in § 22-412.2 of the Transportation Article.
(4)
“Sponsoring organization” means a person that:
(i)
Employs a child passenger safety technician;
(ii)
Offers or arranges free child safety seat checkup events or fitting station programs for the general public; or
(iii)
Owns property on which a free child safety seat checkup event or fitting station program for the general public takes place.
(b)
A child passenger safety technician or sponsoring organization is not civilly liable for an act or omission that occurs solely in the inspection, installation, or adjustment of a child safety seat in a motor vehicle, or in giving advice or assistance regarding the installation or adjustment of a child safety seat, if:
(1)
The child passenger safety technician acts in good faith and within the scope of the training for which the technician is currently certified;
(2)
The act or omission does not constitute gross negligence or willful or wanton misconduct;
(3)
The inspection, installation, or adjustment of the child safety seat, or the advice or assistance, is provided without fee or charge to the owner or operator of the motor vehicle; and
(4)
The inspection, installation, or adjustment of the child safety seat is not provided in conjunction with the for profit sale of the child safety seat.
Md. Code Ann., Cts. & Jud. Proc. § 5-641 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–641LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Designated facility” means:
(i)
A hospital;
(ii)
The office of a medical provider licensed by the State;
(iii)
A police department or State Police barracks;
(iv)
A professional or volunteer fire company that is insured; or
(v)
Any other facility designated by the Secretary of Human Services by regulation.
(3)
“Program” means the Maryland Safe Haven Program described under this section.
(b)
(1)
A person who leaves an unharmed newborn with a responsible adult or at a designated facility within 60 days after the birth of the newborn, as determined within a reasonable degree of medical certainty, and does not express an intent to return for the newborn shall be immune from civil liability or criminal prosecution for the act.
(2)
If the person leaving a newborn under this subsection is not the mother of the newborn, the person must have the approval of the mother to do so.
(c)
(1)
A person with whom a newborn is left under the circumstances described in subsection (b) of this section as soon as reasonably possible shall take the newborn to a designated facility.
(2)
A designated facility that accepts a newborn under this subsection shall notify the local department of social services within 24 hours after accepting the newborn.
(3)
A designated facility may receive a newborn in a newborn safety device provided that the device is:
(i)
Climate controlled;
(ii)
Physically affixed to an exterior wall or located inside the designated facility;
(iii)
Located in an area that is conspicuous and visible to the employees of the designated facility;
(iv)
Clearly marked with appropriate signage; and
(v)
Equipped with:
(1)
An alert system such that when the newborn safety device is opened, it automatically connects to the 9–1–1 system and transmits a request for immediate dispatch of an emergency medical services provider to the location of the newborn safety device;
(2)
A video surveillance system that allows employees of the designated facility to monitor the interior of the newborn safety device 24 hours a day; and
(3)
An automated lock that secures the newborn inside the device after deposit.
(d)
A responsible adult and a designated facility that accepts a newborn under this section and an employee or agent of the facility shall be immune from civil liability or criminal prosecution for good faith actions taken related to the acceptance of or medical treatment or care of the newborn unless injury to the newborn was caused by gross negligence or willful or wanton misconduct.
(e)
Subject to existing funding for the Program, the Secretary of Human Services shall develop, implement, and maintain a public information program to inform the public about the Program, including:
(1)
The maintenance of an interactive website that provides pertinent information about the Program, including:
(i)
Authorized designated facilities;
(ii)
Instructions for the method by which the parent of a newborn may surrender the newborn;
(iii)
The manner in which the parent of a newborn surrendered under the Program may anonymously provide information to a local department of social services regarding the medical history of the newborn or the newborn’s family medical history; and
(iv)
A method:
(1)
By which the parent of a newborn surrendered under the Program may reconsider the surrender; and
(2)
That allows the parent to undergo paternity testing for the purposes of reunification with the newborn;
(2)
Promotion of educational and informational materials in print, audio, electronic, and other media formats that describe the mission and purpose of the Program and include the Program’s toll–free telephone number;
(3)
Regular distribution of Program literature at:
(i)
State and county health department offices;
(ii)
Each local department of social services; and
(iii)
Each publicly funded educational institution in the State;
(4)
Creation and distribution of decals and placards listing designated facilities and the toll–free telephone number of the Program; and
(5)
Training for emergency medical service providers, 9–1–1 operators, hospital staff, firefighters, law enforcement officers, or any other employee of a designated facility on how to implement and follow the Program.
(f)
The Secretary of Human Services shall adopt regulations to implement the provisions of this section.
(g)
On or before December 31, 2025, and each December 31 thereafter, the Secretary of Human Services shall, in accordance with § 2–1257 of the State Government Article, provide a report to the General Assembly on Program metrics, including:
(1)
The number of newborns surrendered in the prior year;
(2)
The disposition of the custody of each newborn surrendered through the Program in the prior year; and
(3)
The cost of maintaining equipment related to and used by the Program.
Md. Code Ann., Cts. & Jud. Proc. § 5-642 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–642LinkCopy Citation
(a)
In this section, “veteran” has the meaning stated in § 9–901 of the State Government Article.
(b)
A licensed funeral establishment, registered reduction operator, or holder of a permit to engage in the business of a crematory who acts in good faith is not civilly liable for transferring the unclaimed cremains or hydrolyzed or soil remains of a veteran or an eligible dependent of a veteran to a veterans service organization for purposes of disposition as provided in § 7–406 of the Health Occupations Article.
(c)
A veterans service organization that acts in good faith is not civilly liable for receiving the unclaimed cremains or hydrolyzed or soil remains of a veteran or an eligible dependent of a veteran for purposes of disposition as provided in § 7–406 of the Health Occupations Article.
Md. Code Ann., Cts. & Jud. Proc. § 5-643 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–643LinkCopy Citation
Except in cases of willful or wanton misconduct, a certifying entity or certifying official who acts or fails to act in good faith in compliance with § 11–931 of the Criminal Procedure Article shall be immune from civil or criminal liability that might otherwise occur as a result of the act or failure to act.
Md. Code Ann., Cts. & Jud. Proc. § 5-644 (2026)
Title 5. Limitations, Prohibited Actions, and Immunities
Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety
§ 5–644LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Institution of higher education” has the meaning stated in § 10–101 of the Education Article.
(3)
“Law enforcement officer” has the meaning stated in § 3–101 of the Public Safety Article.
(b)
This section applies only to a claim or suit arising in Baltimore City.
(c)
For a claim or suit asserting misconduct in the performance of duties by a law enforcement officer of a law enforcement agency of an institution of higher education, a settlement agreement or any general release of liability between the parties may not contain, and a court may not enforce, a nondisparagement clause.